(A) AUTHORITY. The Mayor of the City of Mt. Vernon shall be the Local Liquor Control Commissioner and shall be charged with the administration of the applicable provisions of the Illinois Liquor Control Act (235 ILCS 5/) of this Article and of Ordinances, Resolutions, rules and regulations relating to alcoholic liquor as may be adopted. The Local Liquor Control Commissioner shall have such powers and duties as provided within the Illinois Liquor Control Act and shall have such powers and duties as hereinafter specified:
(1) To receive applications; investigate applications; and grant, renew or deny liquor licenses.
(2) To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed under this Article to determine whether any of the provisions of this Article, the Ordinances of the City of Mt. Vernon, laws of the State of Illinois, or the Illinois Liquor Control Act, or any rules or regulations adopted by it, have been or are being violated and at such time to examine the premises of the licensee in connection herewith.
(3) To receive complaints from any citizen of the City that any of the provisions of this Article or any rules or regulations adopted pursuant thereto have been or are being violated and to act upon such complaints in the manner hereinafter provided.
(4) To receive local license fees and pay the same forthwith to the City Treasurer.
(5) To examine, or cause to be examined, under oath any applicant for a local license or for a renewal thereof or any licensee under this Article upon whom notice of suspension or revocation of license has been served; to examine or cause to be examined the books and records of any applicant or licensee under this Article; to authorize any law enforcing officer to require any applicant or licensee to furnish said officer with a complete, current list of all employees of said applicant or licensee including the names and addresses of all employees; and to hear testimony and take proof for their information in the performance of their duties and for such purposes to issue subpoenas. For the purpose of obtaining any of the information desired by the Commissioner under this Article, he may authorize his agent to act in his behalf.
(6) To require fingerprints of any applicant for the local license or for a renewal thereof (except as prohibited by law): for purposes of obtaining fingerprints under this Subsection, the Local Liquor Control Commissioner shall collect a fee and forward the fee to the appropriate policing body who shall submit the fingerprints and the fee to the Illinois Department of State Police.
(7) Suspend or revoke any license issued by him if he determines that the licensee has violated any provisions of this Article or of any ordinance or Resolution enacted by the City of Mt. Vernon or of any provision of the State Liquor Control Act or any applicable rule or regulation issued by the Local Liquor Control Commissioner which is not inconsistent with law. Notwithstanding any other language herein, a license may be revoked for a first offense. If a suspension is imposed then said suspension may be up to thirty (30) days for each offense. In lieu of a suspension, the commissioner may impose a fine of not more than Five Thousand Dollars ($5,000.00) for each violation, although the maximum fine that may be imposed upon any licensee for the period of the license shall not exceed Fifty Thousand Dollars ($50,000.00) each license year. A separate offense shall be deemed to have been committed upon each day that a violation occurs or continues.
(8) To issue a written order immediately and summarily closing a licensed premises for not more than seven (7) days without notice or hearing to the licensee if the Local Liquor Control Commissioner has reason to believe that the continued operation of the specified licensed premises will immediately threaten the welfare of the community, provided said written order shall state the reasons for said order and shall advise the licensee of a date and time for hearing to give the licensee an opportunity to be heard on the matter.
(B) RECORDS. The local Liquor Control Commissioner shall cause to be maintained a complete record of all licenses issued pursuant to this Article. A copy of each license shall be maintained by the City Clerk.
(C) HEARINGS UPON APPLICATIONS.
(1) Applicants for a license, applicants for renewal of a license and applicants for a transfer of a license to another location shall be entitled to a public hearing before the Local Liquor Control Commissioner upon full, complete and strict compliance with all provisions of this Article relating to applications for same.
(2) The applicant shall be given written notice at least three (3) days prior to said hearing. Upon completion of the public hearing, the Local Liquor Control Commissioner shall either grant or deny the application and shall make findings of fact in support of the decision.
(D) HEARINGS UPON NON-APPLICATION MATTERS.
(1) Except as hereinafter provided, no license holder shall receive a written reprimand, nor shall a license be suspended or revoked or a fine imposed except at a public hearing before the Local Liquor Control Commissioner. The licensee shall be given written notice of the charge at least three (3) days prior to said hearing affording an opportunity to appear and defend.
(2) A licensed premises may be immediately and summarily closed for not more than seven (7) days without notice or hearing upon the issuance of a written order stating the reason(s) for closing if the Local Liquor Control Commissioner has reason to believe that the continued operation of the specific licensed premises will immediately threaten the welfare of the community. Within said seven days, a hearing shall be held giving the licensee the opportunity to be heard on the matter.
(3) Upon completion of any public hearing, the Local Liquor Control Commissioner shall make findings of fact. If the commissioner determines that any licensee has violated any provision of this Article or any state law pertaining to the sale of alcoholic liquor, the Commissioner may impose such penalties and take such action as is authorized by this Article.
(4) (a) If the Local Liquor Control Commissioner determines that a reprimand, suspension, fine or revocation is warranted, he shall issue a written order after the hearing stating the reasons for the determination and shall cause a copy of such order to be served upon the licensee by personal service or by certified mail to the address of the licensee appearing of record, with the date of deposit in the United States mail being the date of service. In the event a fine is imposed, the order shall specify the date by which the fine shall be paid.
(b) If the fine is not paid by the specified date, such shall constitute cause to suspend or revoke the license. A copy of each order issued by the Commissioner shall be maintained in the office of the City clerk.
(5) In making the determination to reprimand, suspend, revoke, or impose a fine or in determining the length of a suspension imposed, the Local Liquor Control Commissioner may consider the nature of the violation, past violations of the licensee, and the facts and circumstances surrounding the violation as presented at the public hearing.
(E) WRITTEN ORDER. The written order of the Local Liquor Control Commissioner required to be issued hereunder shall be issued within five (5) days after a written transcript of the public hearing is received by the Local Liquor Control Commissioner from the certified court reporter or certified shorthand reporter if either party orders said transcript and in any event, a written order shall be issued within thirty (30) days from date of the public hearing.
(F) HEARING PROCEDURES. All hearings before the Local Liquor Control Commissioner shall be subject to the following procedures:
(1) The licensee shall be entitled to a three (3) day written notice of the hearing.
(2) Witnesses shall be sworn, but in all other respects hearings shall be informal and the strict rules of evidence shall not apply.
(3) A complete record of all evidence, testimony, and comments before the commissioner shall be taken by a certified court reporter or certified shorthand reporter.
(4) Review of the proceedings before the Local Liquor Control Commissioner shall be limited to a review of the official record of the proceedings. No new or additional evidence shall be admitted or considered.
(5) Except as otherwise provided herein, appeals shall be in accordance with § 7-9 of the Illinois Liquor Control Act (235 ILCS 5/7-9), although no matter shall proceed to appeal to the Illinois Liquor Control Commission unless and until a hearing has been conducted by the Local Liquor Control Commissioner.
(6) Initial costs and hourly fees for the certified court or shorthand reporter’s attendance at the formal hearings before the Local Liquor Control Commissioner shall be paid by the City of Mt. Vernon; said costs and hourly fees shall be assessed against the licensee if a reprimand, fine, suspension or revocation is issued or imposed.
(7) All costs of preparing and transcribing an official record on appeal to the Illinois Liquor Control Commission shall be borne by the licensee requesting a review of the official proceedings and shall be paid prior to the date of the appeal hearing.
(Prior Code, Art. 6, § 6.21)